Tauranga's begging ban to continue, for now

A proposal to soften Tauranga's hard-line on begging and rough sleeping has been thrown out. Photo / Getty Images

A proposal to soften Tauranga's hard-line on begging and rough sleeping has been thrown out.

Five months after banning the practices in parts of the city, the council has voted against watering down the existing bylaw by consulting residents on a set of amended rules.

Under the new rules, passive begging would have been allowed, as would rough sleeping, provided it did not obstruct the entrance to a shop.

Begging that caused nuisance, intimidation, harassment, distress or alarm would be banned within Tauranga and Greerton shopping areas.

However, the proposal was largely dismissed by most councillors who expressed concern things would revert to how they were before the bylaw was put in place.

In March, the Tauranga Housing Advocacy Trust instructed former trustee barrister Michael Sharp to file judicial review proceedings in the High Court on the grounds the bylaw was illegal for not complying with the Local Government Act.

The proposal to amend the bylaw came following the legal threat, which council chief executive Marty Grenfell told elected members was now expected to be reignited.

Councillors Catherine Stewart, Steve Morris and Larry Baldock supported the proposal but were overruled by councillors Greg Brownless, Max Mason, John Robson, Kelvin Clout, Bill Grainger and Terry Molloy who opposed. Councillor Leanne Brown abstained from the vote.

Current bylaw

No person shall beg in a public place within 5m of a public entrance to retail premises within defined areas in the CBD, Greerton and Mount Maunganui.

No person shall rough sleep within 5m of a retail premises within defined areas in the CBD, Greerton and Mount Maunganui.

Proposed amendment

No person shall beg within 5m of the entrance to a retail premises within defined areas of CBD, Greerton and Mount Maunganui in a manner that is likely to cause a nuisance, intimidation, harassment, alarm or distress to any reasonable person.

No person shall rough sleep within 5, of a retail premises within defined areas of CBD, Greerton and Mount Maunganui in such a way as to cause an obstruction of a public way or of an entrance to a retail premises.